A BROKEN PLANK

Evening Post, Volume XCIV, Issue 112, 8 November 1917, Page 8

A BROKEN PLANK

CLAIM FOR COMPENSATION. A somewhat peculiar civil action was heard before Mr. W. G. Riddell, S.M., in the Magistrate's Court to-day, when Harry Lindale, labourer, claimed from Ernest Samuel Knight, contractor, the sum of £73 6s 4d by way of compensation, medical expenses and general damages for injuries received while in defendant's employ. The statement of claim, which wae supported by Mr. V. J. O'Regan, was to the effect that in the course of his employment plaintiff was standing on the scaffolding erected for the purpose of carrying out his work in connection with the erection of a ward at the Wellington Hospital. While so engaged a plank broke and Lindale was precipitated to the ground, a distance of 23ft. By reason of the accident Lindale sustained injuries to his neck and light shoulder. The accident took place on 11th August, 1917, and the plaintiff was unable to undertake any work until 27th October, 1917. The accident was alleged to be caused by the defective condition of the scaffolding, and it was further alleged that the defendant had failed to carry out his duty as required by the Scaffolding and Inspection-Act, 1908. For the defence Mr. T. Neave submitted that the plaintiff himself was entrusted with the duty of erecting the scaffolding and that the planks had already been tested. It was claimed that if the plank proved defective then the defect could not reasonably be discovered, and that the accident was inevitable. All compensation had been duly paid. Decision was reserved.